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Wiretaps vs. Civil Liberties

With the recent revelation about domestic surveillance initiated by the Bush Administration, Prof. Leslie Lenkowsky gives his take on the case.

Expert perspective: “Throughout American history, presidents have exercised extraordinary powers in wartime, often at the expense of civil liberties we guard vigilantly in peacetime. During the Civil War, for example, Lincoln suspended the writ of habeas corpus, an action that was very controversial at the time, but was upheld by the Supreme Court and not reversed until after the war was over (in a case involving a Hoosier, ex parte Milligan). During the Second World War, President Roosevelt detained Japanese Americans (and German Americans, including many from Indiana) without normal legal processes, actions that were held to be unconstitutional, but again, only after hostilities had ended.

“Following the attacks of September 11, Congress voted to give President Bush sweeping powers to fight terrorism. His exercise of them has been reviewed on numerous occasions by Congress and the courts (as well as independent groups such as Amnesty International and the press), sometimes requiring changes such as insisting that the right to due process be accorded Americans detained on suspicion of being terrorists. While we don’t know all the details of the wiretaps operated by the National Security Agency, as long as they were clearly related to conduct of the war and were periodically reviewed by appropriate law-enforcement officials (including the President), there’s no reason to conclude they were improper. To the extent Congress or the courts disagree, they have the ability to restrict the agency’s activities by limiting the President’s powers.

“Even in wartime, the Constitution is still the law of the land, though as with any issue of great importance, what it permits is subject to discussion and debate. There’s no evidence that the war on terror has eroded this principle.”

The SPEA toolkit: Leslie Lenkowsky is a professor of public affairs and philanthropic studies at SPEA. He teaches philanthropy and public policy, comparative civil society, social policy, civic engagement and national service. Under appointment by President George W. Bush, Lenkowsky served as chief executive officer of the Corporation for National and Community Service from 2001 to 2003.

Click here to read more about Prof. Lenkowsky.

Click here to read a story from the New York Times about the case.